Karnataka’s cattle farmers protest the allotment of 12,000 acres of traditional grazing land for defence, nuclear and other projects. Imran Khan reports

Lifeline The Amrit Mahal Kavals are critical to the livelihood of the local pastoral community Photo: Vivek Muthuramalingam

Since the time of our forefathers, our cattle have been grazing in these grasslands. But now a high wall prevents us from going there,” laments Ranganna, a 58-year-old cattle farmer in south Karnataka. “Where do they expect us to go in search of fodder?”

Ranganna belongs to one of the nearly 40,000 families from 73 villages in Chitradurga district (250 km from state capital Bengaluru) that rear livestock for a living. About 12,000 acres of bio-diverse grassland in Challakere taluka of this district has been diverted to make way for a host of defence, nuclear power, industrial and infrastructure projects.

Known for supporting the Amrit Mahal breed of hardy indigenous cattle, these grasslands — called the Amrit Mahal Kavals — have traditionally served as common grazing land for the local pastoral community.

According to the Karnataka Forest Rules, 1969, this grassland ecosystem is designated as ‘forest’. Yet, over a period of three years since 2008, the lands were handed over to the Defence Research and Development Organisation (DRDO) for a project to build and test unmanned aerial vehicles (drones), the Bhabha Atomic Research Centre (BARC) for an uranium enrichment facility, the Indian Institute of Science (IISC) to host a synchrotron (for advanced scientific research), the Indian Space Research Organisation (ISRO) for a satellite centre, besides other industrial and infrastructure projects. Many small and ancillary industrial units linked to the defence production sector are also expected to come up in the region. Under threat is the livelihood system of the local pastoral community that breeds a variety of livestock in this arid region as its primary economic activity.

According to the state animal husbandry department, Chitradurga district supports 3.16 lakh non-descriptive cattle, 24,000 crossbred cattle, 3.68 lakh goats and 9.31 lakh sheep. The Amrit Mahal Kavals form a support system for this intense practice of animal husbandry and the Challakere Kavals are critical to the livelihood of people across more than 70 villages. Ecologists claim the Amrit Mahal Kavals are the largest contiguous stretch of arid grasslands still existing in Karnataka, and perhaps, all of south India.

Wildlife surveys indicate that the Challakere Kavals are a biodiversity hot spot and habitat of the highly threatened Blackbuck. Some recent records suggest that the critically endangered Great Indian Bustard is also found in this area.

Against the common perception that villagers are a threat to wildlife, the grazing practices here help prevent the land from being excessively overgrown with grass, creating niches where the wild species can forage for food.

However, these concerns seem to have been set aside when the Karnataka government gave away the ecologically precious land to the projects at a pittance — Rs 30,000-Rs 35,000 per acre. All the projects are expected to have significant environmental and social impact. Elected representatives, institutions of local governance and the residents of the area were kept completely in the dark when the land transfer took place. In fact, the locals came to know of this only when the organisations to which land had been allotted began building boundary walls.

According to Bengaluru-based ngo Environment Support Group (ESG), despite statutory notices from the Karnataka State Pollution Control Board against violation of environmental laws, issued over two years ago, not one of the project proponents has complied with any of the mandatory environmental and forest clearance norms and standards. The DRDO, for instance, has built a 28-km wall in violation of the Environment Impact Assessment Notification of 2006, and has even tested its weaponised drones without any civilian or military clearances.

According to documents accessed by TEHELKA, BARC is conducting advanced research on the nuclear fuel cycle, for developing nuclear fission reactors, atomic energy applications in agriculture and nuclear medicine. Meanwhile, DRDO is building a runway for testing the indigenous drones Lakshya and Nishant.

The DRDO project was initially planned to come up 40 km away in a neighbouring taluka. In 2007, however, the then MP from Chitradurga constituency, NY Hanumanthappa, wrote to Defence Minister AK Antony asking for the project to be shifted to its present location in Challakere. In his letter, Hanumanthappa assured the minister that at the new location there was “no question of acquisition of land and payment of compensation”.

The locals are agitated because no one sought their views on these decisions that were to affect their lives so significantly. “How is it reasonable for the government to allot the land to various agencies without involving its real custodians?” asks Karianna, a local villager and Chitradurga district president of the All India Kisan Sabha (AIKS), a peasants’ organisation affiliated with the CPM.

That the locals have been “custodians” of the Amrit Mahal Kaval lands is also acknowledged in a June 2011 report of the iisc, A Precious Heritage: Rapid Bio-diversity of the Khudapura Campus. According to the report, “The land for these campuses has recently been taken over from the local people, for whom this was a grazing commons, and the healthy state of the ecosystem shows that the local grazers and farmers have been wise custodians of this landscape.”

Today, a huge concrete wall prevents these “custodians” from accessing their pastoral lands. Activists allege that by allowing this 28-km wall to come up, the government has undermined the locals’ right to life, given their dependence on the grazing commons. The region has also been severely hit by repeated droughts that have further worsened the condition of the local pastoral community.

Even as pastoral activities are becoming less viable, the other major source of livelihood — blanket weaving — is also under threat. Challakere is famous for the kambali (woollen blankets) woven by the local Kuruba community. “The kambali industry has already been hit due to dwindling supplies of wool. Loss of grazing land is making it worse,” says R Girish of the Woollen Handloom Weavers Production and Sales Cooperative Society in Doddalluthi village.

Unable to maintain their livestock, people are resorting to distress sales and migrating to other places. TEHELKA visited a local cattle fair and found that cattle were being sold to butchers at throwaway prices. “We are selling the cattle as fodder has become unaffordable,” says Kenchalingappa, a 48-year-old cattle herder. “We may have to move from here and seek work as labourers in Bengaluru.”

The AIKS mobilised the local villagers to petition the Karnataka High Court against the transfer of their grazing land. The ESG, too, has raised the matter of environmental violations and ecological impact with the South Zone Bench of the National Green Tribunal in Chennai. Following ESG’s petition, the tribunal has formed a two-member expert committee to hold public consultations and review the environmental and ecological consequences of the diversion of land to the projects. The tribunal is expected to arrive at a decision in July, based on the committee’s report.

“People in these areas have been living in sub-standard conditions. There are no proper schools and no toilets,” says HS Jagadeesh, IISC’s special officer for the Challakere project. “With the coming up of the projects, the quality of life in general will improve. There will be ample employment opportunities. Also, a scientific city will emerge in a backward district.”

At its core, the conflict is between the promise of a technologically advanced society pitted against the traditional livelihoods of pastoral communities. There is also the question of whether the wild species on the verge of extinction, such as the Great Indian Bustard, can survive the drone testing, the nuclear fuel enrichment facilities, and the intense urbanisation and industrialisation that will follow

Jagadeesh says, “Development will come at some cost.” However, the people of Challakere ask why they should be the ones to pay the price.

Power play

Budhaditya Bhattacharya

A still from ‘High Power’.

A still from ‘High Power’.

Pradeep Indulkar.

Pradeep Indulkar talks about “High Power”, which won a Yellow Oscar at the Uranium Film Festival recently

Having worked for 12 years with the Bhabha Atomic Research Centre (BARC), Pradeep Indulkar is an unlikely candidate for directing a film opposed to nuclear power. His High Power, a 27-minute documentary about the health issues faced by residents of Tarapur, a town in Maharashtra, and home to the Tarapur Atomic Power Station, recently won the Yellow Oscar in the short film category in the Rio de Janeiro leg of the Uranium Film Festival. Films from all over the world which shed light on the problems associated with nuclear energy are screened and discussed here.

Having quit BARC in 1994 owing to health problems, Indulkar, a mechanical engineer, worked in the field of environment education, which would have doubtless served him well during the making of this film. In 2009, he came across the struggle against the Jaitapur nuclear plant, and joined it. This steered him towards Tarapur, the oldest nuclear power plant and the closest to Mumbai.

“The govt. was showing a very rosy picture of Tarapur on TV, so a few of us thought of going there and interviewing the people…That material was very strong, people were talking from their heart, and instead of showing it on a news channel, I thought it could be made into a documentary,” Indulkar informs. Combining his passion for storytelling from his college days with a new found interest in the documentary format, Indulkar set sail.

After a few more interviews, a narrative emerged, which sees the goings-on at Tarapur through the eyes of a city dweller who returns to his native village. The documentary focuses on the acute situation there, and the everyday nature of morbidity. “Rate of death due to cancer is increasing; the other major problems are loss of fertility, stillbirths and deformed babies. Paralysis and heart attacks caused by high blood pressure are also on the rise,” the director informs. With these, the documentary also examines issues of rehabilitation and loss of livelihood.

Like most documentary filmmakers, Indulkar faced a shortage of funds while making the film. “In the making of a documentary on some critical issues the main problem a documentary maker faces is the funding. Though we have a few funding agencies they mainly give funds to informative and educational films. But documentary is the genre of film which brings out the truth and most of the times the truth is a bit bitter, which some agencies do not wish to support,” he says.

He was helped out by a number of people who agreed to be a part of the film on an honorary basis. While Tom Alter and Vikram Gokhale did the voiceovers in English and Hindi respectively, a Marathi film producer funded the editing of the film.

The film is yet to obtain a clearance from the Censor Board of Film Certification in India, which means it cannot be shown publicly in India yet. Meanwhile, Indulkar is working on finishing the film he had started a few years ago, about the heritage structures of Mumbai.

People were perturbed at reports that uranium purification plant would be set up at P. Kothapalli in Nambulapoolakunta mandal in Anantapur district, he said in a press release here. The effects of radiation were evident in Somavandlapalle, Velagalabailu and other villages in Thalupula mandal in Anantapur district and RIMS doctors were collecting blood samples of the people and enquiring about their health as the radiation was said to have been causing cancer, he said.

Uranium Corporation of India Limited and Bhabha Atomic Research Centre officials have inspected lands in P. Kothapalle panchayat in accordance with the plans to set up the uranium purification plant. The UCIL plant at Thummalapalle has an installed capacity to produce 3,000 tonnes of uranium. A 140 km. tunnel was being dug for excavating uranium and it caused steep depletion of groundwater, he said. Drinking water was being contaminated and water was not available for irrigation, he alleged.

The pipeline leakage on April 22 led to the death of goats due to internal chemical injuries and skin burns when they entered the sludge pond. The UCIL officials tried to hush up the matter by getting the sick livestock treated by veterinary doctors and issuing compensation cheques to farmers for the death of the livestock, they said.

The real culprits were not put on trial and instead a wrong accused was put behind the bars, the Court said.

Bombay High Court. Reuters

Yadav Mhatre, actively involved in the welfare of the Adivasis (tribals), was killed on June 29, 1987 allegedly at the behest of the land mafia.

Police had arrested a wrong person named Dilip Tumbda who was finally acquitted by the Sessions Court in 2009 after spending 22 years in jail.

On the other hand, eight persons of a family who were named accused by the victim’s family were discharged by the Court after police filed an application seeking their release on the ground that evidence against them was deficient.

The High Court observed, “real culprits were being shielded although they are named by the prosecution. The criminal case, therefore, could not have been disposed of perfunctorily and hastily and without application of mind, when the allegations are as serious as of causing murder.

“These are not routine and ordinary criminal cases involving petty offences. The aspect of delay, though material, is not always fatal. The administration of justice can never become a casualty. Even after delay, if real culprits are brought before the Court, thereafter the Courts cannot become a silent spectator and dispose of criminal cases casually and light heartedly,” Justice S Dharmadhikari said.

The judgement rendered in this Court, therefore, falls short of the required standards. It has resulted in serious miscarriage of justice.

“In the Sessions Case, where the material placed before the Court show that the real accused were not apprehended, arrested and put up for trial, then, the learned Judge should have been cautious and careful in evaluating the material,” Justice Dharmadhikari remarked.

“Even if he (Judge) was not inclined to convict those who are arraigned as accused, still he was obliged to consider the seriousness of the matter.

“The learned Judge failed to take cognisance and note of the request of the applicant and the prosecution, that the real culprits are now traced and they be named as accused in the case and put up for trial,” the High court bench observed.

“Without deciding that application in accordance with law and straightway delivering a Judgement of acquittal has resulted in miscarriage of justice. This is complete mockery of criminal justice delivery system.”

“I would be failing in my duty as a higher court if I do not interfere with such an acquittal. In revisional powers and equally in exercise of this Court’s inherent power, such acquittals can be set aside,” Justice Dharmadhikari said.

“No doubt, powers have to be exercised sparingly and in exceptional circumstances. However, when there is a glaring defect of procedure, manifest error on the point of law and a flagrant miscarriage of justice, then, there is a obligation to step in,” he observed.

In the name of national security, the Bhabha Atomic Research Centre (BARC) and the Defence Research and Development Organisation (DRDO) have ‘violated’ environmental laws by starting construction work on strategic projects in an ecologically sensitive zone in Karnataka, an environmental lobby group has claimed.

The BARC project is aimed at upgrading a classified ‘technology demonstration’ project involving the nuclear fuel cycle for both civilian and military use.

The facility is designed to meet “future requirements of upgraded fuel for power sector as well as for other strategic purposes”, according to the nuke agency.

The ecologically sensitive zone in Karnataka

The DRDO project will develop an aeronautical test range with dedicated airspace for testing of unmanned air vehicles (UAVs).

Norms violated

No environmental and forest clearances have been granted for the two projects which are coming up in Challakere taluk of Chitradurga district.

The area in which the two projects are coming up has been classified as grasslands and district forests.

The projects are part of a cluster of scientific projects coming up in the region. Together these projects will need around 10,000 acres of land.

The two agencies have admitted that they have already spent close to Rs 100 crore on the initial developmental work on the projects in the past two years.

BARC said: “Major construction activities will be carried out only after necessary clearance from the ministry of environment and forests and the Karnataka Pollution Control Board”.

On the other hand, DRDO claimed that no clearance is required as the test range is not a commercial airstrip and will not have a bunkering facility.

The agencies have been forced to reveal the information about the projects in the National Green Tribunal, where the projects have been challenged by Bangalore-based Environment Support Group.

The tribunal has not stayed work on the projects but has appointed a two-member committee to inspect the sites. “The experts will make an inspection of the land in question as also the ecological and environmental status and also the activities undertaken by the proponent and file a report, which would assist the tribunal to decide on the controversy”, the order said.

“Nuclear and defence agencies are invoking national security to cover up violation of environmental laws. None of the project proponents have complied with any of the mandatory environmental and forest clearance norms and standards”, Leo Saldanha, petitioner in the case, said.

He said the ecologically precious land had been given to different agencies at a cheap price of Rs 30,000 to Rs 35,000 per acre.

High value

The land allocated for the projects is the last remaining contiguous area of semi-arid grasslands ecosystem traditionally known as ‘Amrit Mahal Kaval’.

It is critical to a variety of flora and fauna including the threatened antelope species, critically endangered birds like Great Indian Bustard and Lesser Florican. In addition, inhabitants from 60 villages in the vicinity depend on the grasslands for their livelihood. The Kaval area had been designated as ‘district forests’ for protection under the Karnataka Forest Rules, 1969.

In a significant direction, the South Zone Bench of the National Green Tribunal comprising of Justice Mr. M. Chockalingam (Judicial Member) and Prof. Dr. R. Nagendran (Expert Member) set up a two member committee of experts to visit Challakere Taluk in Chitradurga District of Karnataka and study the ecological and environmental consequences of diversion of 10,000 acres of ‘Amrit Mahal Kaval’ (traditional pasture grassland ecosystems and District Forests) for a variety of Defense, Nuclear, Industrial and Infrastructure projects. The expert members named by the Tribunal are Dr. S. Ravichandra Reddy, Retd. Professor of Ecology, Bangalore University and Dr. K. V. Anantharaman, Deputy Director, Scientist “C” (Retd.), Central Silk Board, Bangalore.

The decision to constitute the expert team was taken on 21st March 2013 based on applications filed by Leo F. Saldanha and Environment Support Group before the Tribunal during February 2013. The Applicants have consistently pointed out that the Karnataka Government comprehensively violated various forest, biodiversity and environmental protection laws while diverting about 10,000 acres of ‘Amrit Mahal Kaval’ for defense, industrial and infrastructure development projects. All this has also been done, without any Statutory Public Hearings and in total secrecy, thus comprehensively violating the Principle of Free, Prior and Informed Consent that forms a major basis of various environmental and human rights protection laws. Further, it has been vehemently contended that this diversion is in absolute contradiction to various policies of the Central Government that seek to protect grasslands and livelihoods of pastoralists.

The Applications contended that all these gross illegalities have been committed despite the widely known fact that these ecologically sensitive grassland ecosystems serve as a special and critical habitat to a variety of flora and fauna; large herds of the highly threatened antelope species such as the Black Buck (Antilope cervicapra) graze these grasslands, and the ecosystem is a typical habitat for critically endangered birds such as Great Indian Bustard (Ardeotis nigriceps, only 250 individuals known to survive in all of South Asia) and Lesser Florican (Sypheotides indicus). These grasslands ecosystems have for centuries supported the rearing of drought tolerant locally bred variety of Amrit Mahal Cattle, besides providing a wide range of livelihoods opportunities for communities in about 60 directly impacted villages located around the Kaval. It is in consideration of all these values that the Karnataka Government had designated such Kaval land as District Forests per the Karnataka Forest Rules, 1969 and their protection was made sacrosanct by directions of the Karnataka High Court in 2002 and subsequent orders of the State.

The Challakere Kaval land ranges over 12,000 acres, and constitute the last remaining large contiguous semi-arid grassland in Karnataka. The State which boasted at the time of independence of possessing about 4,00,000 acres of ‘Kaval’ grasslands, is now, per the Forest Department submissions to the Supreme Court, left with only about 45,000 acres of such habitat. Producing incontrovertible evidence before the Tribunal, the Applicants demonstrated that the beneficiaries of the illegal transfer of such ecologically precious grassland/forest land include Defense Research Development Organisation (for drone testing and development), Bhabha Atomic Research Centre (uranium enrichment facility), Indian Institute of Science (Synchroton), Indian Space Research Organisation (satellite centre), Sagitaur Pvt. Ltd. (Solar Farm), Karnataka Housing Board (township), and Karnataka Small Scale Industries Association and Karnataka Udyog Mitra (for a range of private industrial and ancillary units related to the defense sector) – all of which are projects with significant or massive environmental and social impacts. All of these proponents have been provided such ecologically precious land at a pittance of a cost: Rs. 30-35,000/acre.

The Applicants have also produced evidence that despite statutory notices of violation of environmental laws from Karnataka State Pollution Control Board, issued about two years ago, none of the project proponents have complied with any of the mandatory environmental and forest clearance norms and standards. Instead, a variety of project activities have commenced including the building of a 30 kms long high wall by DRDO in comprehensive violation of the Environment Impact Assessment Notification 2006 which categorically bars commencement of any project activity until environmental and forest clearances have been granted. Such developments have blocked local pastoralists’ access to their pasture land and to lakes and streams which are critical drinking water sources for cattle. This is particularly worrying given the long periods of drought affecting the region causing extensive distress to impacted families. Besides, the massive wall has seriously constrained the movement of the highly endangered Black Buck, and could potentially isolate the population, thus weakening its genetic vitality. In addition, DRDO is on record to have conducted various bombing sorties in the grasslands, none of which appear to have been with any consent from civil and military authorities.

The Applications filed in February 2013 have prayed for interim relief of stay on ongoing illegal activities and for allowing access to grazing pastures for local pastoralists. In consideration of this aspect the Tribunal has repeatedly sought the response of the Karnataka Government and Indian Ministry of Environment and Forests, including even directing Karnataka’s Principal Secretary for the Environment Department to appear in person on 13th March 2013. Yet, no response has been forthcoming. Taking this situation into account, the 21st March order observes that “(i)n the considered opinion of the Tribunal, the counter of the respondents have to be taken into consideration before deciding the question whether to grant an order of interim relief or not and hence, (the case hearing) has got to be adjourned granting time till 15.04.2013 to file their counter. It is made clear that if the counter is not filed by any of the respondents, it will be taken that they have no counter to offer.”

The Applications and related documents are accessible on the ESG website at: www.esgindia.org and a copy of the 21st March 2013 order of the Tribunal is enclosed.

There is a saying in Malayalam, ‘Kaaryam paranjaal Communistaayi!’ meaning, you will be labelled a Communist if you tell the truth. This used to be a saying during the decades when the Communist party in the state used to wage land struggles and uphold the rights of the deprived. Today, the saying could be modified as, ‘Kaaryamparanjaal Maoistaayi!’ meaning, you will be labelled a Maoist if you tell the truth.

On 29 December 2012, seven persons persons, including two girl children and human rights activists were arrested at Mavelikkara in Kerala state. The other five are being detained under Unlawful Activities Prevention Act (UAPA): Gopal, Shiaz, Rajesh Madhavan, Bahuleyan and Devarajan. As was reported in the social media and mainstream media, they had assembled peacefully for sharing their experiences. The two girls were Ami aged 16 and Savera aged 10 who have been harassed by the police several times even before for the mere reason that they are children of a Maoist couple. After night-long interrogation using even sexually insulting language, the two girls were let off. The other five are still in custody. Rajesh Madhavan was personally known to me for some years now as a socially concerned person, hailing from a humble background. As I have gathered from friends, they were meeting to share experiences, including those on the education front. None of the persons arrested had any previous history of offences against them. One of them, Gopal, is a scientist who was working with Bhabha Atomic Research Centre (BARC) and is a human rights activist who has been involved in the protest against Koodankulam nuclear project.

The arrests are clearly in violation of the Fundamental Right “to assemble peaceably and without arms” under Article 19 (1) (b). There is no reason why one should be paranoid about such get-togethers to discuss contemporary political issues that they could cause a threat. Why shouldn’t we think that they could only strengthen democracy? (The latest news is that the Additional Sub-Inspector, K.Y. Damian who had carried out the arrests, apparently, hanged himself to death near his home.) Going by UAPA, the State can arbitrarily arrest and detain anyone on the basis of mere suspicion. UAPA which is the UPA version of the now-defunct Acts, POTA and TADA, is used to track down people labeling them as Maoists and as Dalit and Muslim extremists. Those who oppose State terror and those involved in rights-based struggles are tormented and unjustly detained under this Act. It has draco­nian provisions such as non-bailable incarceration for 180 days. The onus of proof lies on the accused. Section 15 of the act defines ‘terrorist act’ quite vaguely. Section 39 makes “support given to a terrorist organization” an offence and criminalises normal activities like ‘arranging, managing or addressing’ public meetings. Hardly any distinction per se is drawn between anti-State militancy and terrorism as indiscriminate killing of innocent people.

On the other hand, one cannot forget to mention that the Indian State is ‘selectively repressive’ against adversaries who violate its canons. Those who create communal and regional divisions among people like the Sangh Parivar, Shiv Sena, MNS and the high profile instigators of riots in Delhi, 1984; Gujarat 2002 and Kandhamal, 2008 are granted impunity. The arrests at Mavelikkara is a good example to illustrate how our political system faces the real danger of degeneration into an ‘illiberal democracy’/a police State. Recent empowering judgements by the Supreme Court in cases involving Binayak Sen and Narayan Sanyal indicate how the apex court views such arrests unjustified under the law.

As Prof. Haragopal rightly used to say, the vibrancy of democracy can be demonstrated when the State is able to democratically reckon with even armed protests against it. Constitutional morality is the minimum that the State needs to uphold since the Constitution is the document that the rulers of India have given unto themselves and swear by. On the other hand, the rebels need to be true to their own ideology. People should be the arbiters in the contention between Constitutional morality and an ideology of rebellion, he says. It is necessary that all democratically minded persons and groups should come forward to oppose UAPA, a draconian, fascistic Act and the arrest of these activists under it, towards the protection of the democratic freedoms guaranteed under the Fundamental Rights of the Constitution of India. On 7 January 2013, some concerned individuals called a gathering at the martyrs column in Thiruvananthapuram, the state capital to protest these arrests under UAPA. The message is: Uphold the right to dissent! Protest the arrests! Oppose UAPA!

Greenpeace is organizing a press conference where John Byrne, noted Nobel Laureate, along with Pradeep Indulkar of Konkan Vinashkari Prakalp Virodhi Samiti, will talk about the Jaitapur nuclear project and dangers of Nuclear Energy. Byrne is Director of the Center for Energy and Environmental Policy (CEEP) and Distinguished Professor of Energy and Climate Policy at the University of Delaware.

Admiral (retired) Laxminarayan Ramdas and Lalita Ramdas will also be present. Lalita Ramdas was one of the “1000 Peace Women” nominated collectively for the Nobel Peace Prize in 2005.

Details are as follow:

Date : 23rdJanuary 2013 Time : 12:30pm-2pm

Venue: Conference Room,

Press Club of Mumbai,

Near Azad Maidan

John Byrne: Byrne has published extensively in his field and is a co-editor of the Bulletin of Science, Technology and Society and general editor of Energy and Environmental Policy book series. His most recent books are Energy Revolution and Environmental Justice. Byrne is a contributing author to Working Group III, which made contributions to the fourth assessment report, produced special reports on aviation, emission scenarios, technology transfer, ozone and climate, carbon dioxide capture and storage, as well as the third assessment report.

Pradeep Indulkar: Worked at Bhabha Atomic Research Centre from 1983 to 1994 as a Scientific Officer. Presently, he’s working in environment education. He is an anti-nuclear activist and has been working in people’s movement against Jaitapur Nuclear Power Plant for past 3 years.

The press conference will be facilitated by Karuna Raina, nuclear campaigner, Greenpeace India. For more information, please contact:

There is a saying in Malayalam, ‘Kaaryam paranjaal Communistaayi!’ meaning, you will be labelled a Communist if you tell the truth. This used to be a saying during the decades when the Communist party in the state used to wage land struggles and uphold the rights of the deprived. Today, the saying could be modified as, ‘Kaaryam paranjaal Maoistaayi!’ meaning, you will be labelled a Maoist if you tell the truth.

On 29 December 2012, seven persons persons, including two girl children and human rights activists were arrested at Mavelikkara in Kerala state. The other five are being detained under Unlawful Activities Prevention Act (UAPA): Gopal, Shiaz, Rajesh Madhavan, Bahuleyan and Devarajan. As was reported in the social media and mainstream media, they had assembled peacefully for sharing their experiences. The two girls were Ami aged 16 and Savera aged 10 who have been harassed by the police several times even before for the mere reason that they are children of a Maoist couple. After night-long interrogation using even sexually insulting language, the two girls were let off. The other five are still in custody. Rajesh Madhavan was personally known to me for some years now as a socially concerned person, hailing from a humble background. As I have gathered from friends, they were meeting to share experiences, including those on the education front. None of the persons arrested had any previous history of offences against them. One of them, Gopal, is a scientist who was working with Bhabha Atomic Research Centre (BARC) and is a human rights activist who has been involved in the protest against Koodankulam nuclear project.

The arrests are clearly in violation of the Fundamental Right to assemble peaceably and without arms under Article 19 (b). There is no reason why one should be paranoid about such get-togethers to discuss contemporary political issues that they could cause a threat. Why shouldn’t we think that they could only strengthen democracy? (The latest news is that the Additional Sub-Inspector, K.Y. Damian who had carried out the arrests, apparently, hanged himself to death near his home.) Going by UAPA, the State can arbitrarily arrest and detain anyone on the basis of mere suspicion. UAPA which is the UPA version of the now-defunct Acts, POTA and TADA, is used to track down people labeling them as Maoists and as Dalit and Muslim extremists. Those who oppose State terror and those involved in rights-based struggles are tormented and unjustly detained under this Act. It has draco­nian provisions such as non-bailable incarceration for 180 days. The onus of proof lies on the accused. Section 15 of the act defines ‘terrorist act’ quite vaguely. Section 39 makes “support given to a terrorist organization” an offence and criminalises normal activities like ‘arranging, managing or addressing’ public meetings. Hardly any distinction per se is drawn between anti-State militancy and terrorism as indiscriminate killing of innocent people.

On the other hand, one cannot forget to mention that the Indian State is ‘selectively repressive’ against adversaries who violate its canons. Those who create communal and regional divisions among people like the Sangh Parivar, Shiv Sena, MNS and the high profile instigators of riots in Delhi, 1984; Gujarat 2002 and Kandhamal, 2008 are granted impunity. The arrests at Mavelikkara is a good example to illustrate how our political system faces the real danger of degeneration into an ‘illiberal democracy’/a police State. Recent empowering judgements by the Supreme Court in cases involving Binayak Sen and Narayan Sanyal indicate how the apex court views such arrests unjustified under the law.

As Prof. Haragopal rightly used to say, the vibrancy of democracy can be demonstrated when the State is able to democratically reckon with even armed protests against it. Constitutional morality is the minimum that the State needs to uphold since the Constitution is the document that the rulers of India have given unto themselves and swear by. On the other hand, the rebels need to be true to their own ideology. People should be the arbiters in the contention between Constitutional morality and an ideology of rebellion, he says. It is necessary that all democratically minded persons and groups should come forward to oppose UAPA, a draconian, fascistic Act and the arrest of these activists under it, towards the protection of the democratic freedoms guaranteed under the Fundamental Rights of the Constitution of India. On 7 January 2013, some concerned individuals called a gathering at the martyrs column in Thiruvananthapuram, the state capital to protest these arrests under UAPA. The message is: Uphold the right to dissent! Protest the arrests! Oppose UAPA!

Members of New Socialist Alternative protest against nuclear power in Bangalore on Wednesday, October 24, 2012. (Pic used for representational purpose only)

Anantha Subramanyam K | DNA

Poonam Hambire, a resident of Ghivali village, 12km from Boisar in Thane district, is at the forefront of the anti-nuclear agitation against the Tarapur Atomic Power Station (TAPS). “Women have to come forward as false cases are slapped against the male protesters in Tarapur,” she alleges.

Her village lies within the 1.6km radius around one the country’s oldest nuclear reactors built by General Electric in the 1960s. It’s the same model as Japan’s Fukushima reactor. The effects of radiation are obvious in every home not only in Ghivali but also in the neighbouring villages.
At Hambire’s home, her eight-year-old nephew’s garlanded photo adorns the wall. “He died of lung cancer, but we couldn’t get his medical reports from the government heath centre. It’s hard to talk about it as his father who is employed at the plant will lose his job. None of the sick villagers get their medical papers,” she claims.

Grievances galore
Most of India’s 20 reactors are on the list of the most unreliable 50 in the world and are being monitored by the IAEA, says former navy captain Dr Buddhi Subbarao, who has a PhD in nuclear technology from IIT-B and is an advocate in the Supreme Court.

The decommissioning cost of a nuclear reactor (about $300 million-5.6 billion) is more than the cost of construction and commissioning. That’s why TAPS hasn’t been decommissioned despite the American manufacturers’ advice to the government to do so in 1995, Subbarao adds.

Ramakrishna Tandel, secretary, Maharashtra Machimar Kruti Samiti, who has led the fishermen’s community in the area for years, says, “The mangroves have dried due to the hot water released from the plant’s cooling system. We have found boiled fish 2km away from shore. The breeding patterns of the fish have also changed and our businesses have collapsed.”

“Forget listening to our grievances, they don’t even let us stand at the gate. We are sandwiched between TAPS and the sea. Earlier, we had 28 boats, and 10 families would live off each boat. Now, we have just one,” he adds. The government has proposed 14 more nuclear plants in the area.

The discharge has increased considerably after TAPS 3 and 4 started, say villagers. The adjoining sea and creek continue to bear the brunt and many species of fish have diminished completely. Chronic illnesses are on the rise, observes environmentalist Girish Raut.

Nuclear troubles
All nuclear-spent fuel from India is being brought to BARC, Tarapur, for reprocessing and later, cooling, storing and intermediate burial-storage, amounting to high concentration of nuclear activity material in Tarapur. Tandel explains that NPCIL has no evacuation routes for the villagers in case of emergency, or even any medical facilities, food or a shelter plan. Also, residents of Palghar and Dahanu are also at high risk. “Hence, we are opposing the expansion of the facility and the port that Jindal is going to build here,” says Tandel.

Every fortnight, the authorities take samples of soil and water for testing from the villages in the plant’s vicinity, but the results are never shared with the inhabitants.

A 40-year-old maintenance mechanic from the neighbouring village of Pofran, who works at TAPS, complained about pain in his joints. “About 29 of us have been employed on contracts so we get no medical treatment. I earn Rs300 a day; how will I spend on doctors? We have to live with what we suffer from,” he says.

“People don’t talk about cancer here due to the stigma. Who will give their daughter’s hand in marriage to such a family?” asks deputy sarpanch of Ghivali Sunil Prabhu. Take the example of Prakash Ambhire, 47. He died of eye cancer last November. “He worked as a helper in the plant. He didn’t get any treatment and there are no case papers. He is survived by his aged mother, a son and three daughters,” Prabhu adds.

RK Gupta, 73, who worked with BARC’s fuel reprocessing division of the plutonium plant as an engineer and has been exposed to radiation, is suffering from its after-effects.

“Labourers and contractuals are appointed from the roadside. There is no proper health procedure. They die on the roadside after their contracts are through. But employees are treated differently. I was over-exposed and I am handicapped now. I was diagnosed early but I am suffering because of medical negligence. I have psoriasis,” he says.

Apathetic state
Rajendra Gavit, minister of state for tribal development and labour affairs, who addressed the fishing community on World Fisheries day last month, said, “Project-affected people will get permanent jobs in the plant. We are fighting to make 200 workers permanent every year.”

Gavit added, “I realise the issue about cancer and radiation. Doses (radiation) for the employees need to be reduced. We have been trying for their safety all these years. Now, we are trying to decrease their exposure.” At TAPS, contractual labourers may be exposed to 1,500 doses in two months and employees to 1,000 a year.

Vivek Sundara, an anti-nuclear protester, says, “Studies from all over the world show that any kind of radiation is bad. If it’s harmless like the government says, then why are women told not to breastfeed after mammogram? Government needs to stop using nuclear energy and switch to more sustainable and eco-friendly forms. This toxicity will last for millions of years,” he adds.

Scientist Dr V Pugazhenthi, who had conducted a survey in Chinchani village, 8km from the plant two years ago, said cases of neuroblastoma can be attributed to radiation. “Even 40km away from the plant cases of unexplained anaemia, Down’s Syndrome, tumours, high rate of abortions and miscarriages and multiple myeloma are seen.”